Aubrey v The QueenCitation:[2017] HCA 18Before:Kiefel CJ, Bell, Keane, Nettle, Edelman JJDate:10 May 2017Case Number:S274/2016Read more
The court held that 'inflicts' includes the communication of infection or disease and that foresight of the possibility of risk is sufficient to establish recklessness.
- Parties
- Appellant: Unknown (Appellant); Respondent: Unknown (Respondent)
- Jurisdiction
- Australia
- Judgment Date
- 10 May 2017
- Procedural Posture
- Criminal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Infliction of Grievous Bodily Harm, Meaning of 'inflicts', Recklessness, Transmission of Disease
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Parties
Unknown (Appellant)
Appellant
Unknown (Respondent)
Respondent
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether 'inflicts' in the context of grievous bodily harm requires force and immediate physical injury
- 2 Whether communication of infection or disease amounts to infliction
- 3 Whether foresight of possibility of risk is sufficient to establish recklessness
Ratio Decidendi
The court held that 'inflicts' includes the communication of infection or disease and that foresight of the possibility of risk is sufficient to establish recklessness.
Court Disposition
appeal dismissed
Full Case Text
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